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A capias is a court order directing law enforcement to take a person into custody. In Tennessee criminal cases, the term is commonly used when a defendant fails to appear in court or when a capias issues after a grand jury returns an indictment or presentment.
Not every capias is the same. What happens next depends on why it was issued, the court involved, whether bond has been set, and whether the defendant already had a pending bond.
Why Would a Tennessee Court Issue a Capias?
A capias can arise in several procedural settings. Tennessee Rule of Criminal Procedure 9 provides for a capias or summons after indictment or presentment. Courts can also issue process when a defendant fails to appear as required.
The court record should be reviewed to determine the exact reason for the capias rather than relying only on the word itself.
Is a Capias the Same as an Arrest Warrant?
Both can authorize taking a person into custody, but they arise in different procedural circumstances. An arrest warrant is commonly issued by a magistrate based on an affidavit of complaint and a finding of probable cause. A capias can issue after indictment or because of a court-related event such as a failure to appear.
Those differences can affect bond and the proper way to address the case.
What Happens When a Capias Is Issued After Indictment?
After a grand jury returns an indictment or presentment, Tennessee Rule of Criminal Procedure 9 governs issuance of a capias or summons. The defendant then must be brought into the criminal-court process for arraignment and further proceedings.
Counsel should determine whether the defendant is already on bond, whether a summons is available, and what the court requires for appearance.
What Happens If the Capias Is for Missing Court?
A missed appearance can cause the judge to issue a capias or bench warrant and can affect the defendant’s existing bond. Depending on the circumstances, counsel may ask the court to recall the warrant or otherwise place the case back on the docket.
The reason for the missed appearance and the defendant’s prior court history can be important.
Can You Get Bond on a Capias?
Sometimes. Bond depends on the type of capias, the underlying charge, prior bond status, the court’s order, and other holds.
A lawyer can investigate whether bond is already set and whether a judge must address release.
Can a Lawyer Get a Capias Recalled?
Potentially, particularly when the capias resulted from a missed court appearance and there is a legitimate basis to ask the issuing judge to recall it.
A capias issued after indictment presents a different situation and may require appearance, surrender, or another procedure rather than a simple recall request.
Should You Turn Yourself In on a Capias?
The capias needs to be addressed, but it can be useful to investigate first. Counsel can determine the court, case number, reason for issuance, bond status, and whether any request can be made before surrender.
A planned surrender is generally preferable to being arrested unexpectedly when advance planning is possible.
Can a Capias Be Issued in Another County?
Yes. A Tennessee criminal case in another county can result in a capias that law enforcement may encounter elsewhere. Arrest outside the issuing county can create transportation and delay issues before the defendant reaches the court handling the case.
What If You Did Not Know You Had Court?
Lack of notice can be significant in a failure-to-appear situation. Counsel should investigate how notice was provided and whether the defendant had actual or legally sufficient notice of the court date.
Once the capias is discovered, however, it should be addressed promptly.
How Kevin Kennedy Can Help With a Capias
Kevin Kennedy represents people dealing with capiases, missed court dates, indictments, and outstanding warrants in Nashville and throughout Middle Tennessee. He can determine why the capias issued, investigate bond, seek recall when appropriate, arrange surrender when necessary, and defend the underlying criminal case.
Frequently Asked Questions
Does a capias mean I have been indicted?
Not always. A capias can issue after indictment, but the term is also used in other court situations, including missed appearances.
Can I get bond on a capias?
Potentially. The answer depends on the reason for the capias, the underlying case, and the court’s order.
Can a lawyer get a capias recalled without me being arrested?
Sometimes, particularly with certain missed-court situations. It is not guaranteed.
Should I ignore a capias if it is old?
No. An outstanding capias should be investigated and addressed.
Talk With a Nashville Criminal Defense Lawyer
If you have a capias in Nashville or elsewhere in Middle Tennessee, Kevin Kennedy Law Firm can determine why it was issued, investigate bond and recall options, and help you resolve it in a planned manner.
This website is designed for general information only. It is not legal advice nor does it form a lawyer/client relationship.